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Judicial Watch • JW DCNF v DOJ Comey Obama admin memos motion 00967

JW DCNF v DOJ Comey Obama admin memos motion 00967

JW DCNF v DOJ Comey Obama admin memos motion 00967

Page 1: JW DCNF v DOJ Comey Obama admin memos motion 00967

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Number of Pages:5

Date Created:July 27, 2018

Date Uploaded to the Library:July 27, 2018

Tags:DCNF, ADMIN, memos, Joe Biden, 00967, Comey, Plaintiffs, president, Obama, FBI, DOJ, FOIA


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Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
and
THE DAILY CALLER NEWS FOUNDATION,
Plaintiffs,
U.S. DEPARTMENT JUSTICE,
Defendant.
Civil Action No. 18-00967 (CKK)
PLAINTIFFS MOTION FOR PRESERVATION ORDER
Plaintiff Judicial Watch, Inc. and the Daily News Caller Foundation, counsel,
respectfully submit this motion for order requiring Defendant U.S. Department Justice
preserve the records issue this Freedom Information Act case. Pursuant LCvR 7(f),
Plaintiffs request hearing this motion. Plaintiffs also request expedited consideration this
motion because they are concerned records responsive Plaintiffs FOIA requests will lost
destroyed. grounds therefor, Plaintiffs state follows:
MEMORANDUM POINTS AND AUTHORITIES
This case concerns two FOIA requests for records ex-FBI Director James
Comey. Judicial Watch submitted request for memoranda Comey summarizing
conversations with President Barack Obama, Vice President Joe Biden, Secretary State Hillary
Clinton, Senator Chuck Schumer, Representative Nancy Pelosi, and Senator John McCain, and
any handwritten notes used prepare such memoranda. DCNF submitted request for records
Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page
that identify and describe all meetings between former FBI Director James Comey and President
Barack Obama. report issued June 2018, the Office the Inspector General the U.S.
Department Justice stated, identified numerous instances which Comey used
personal email account Gmail account) conduct FBI business. U.S. Department Justice
Office Inspector General, Oversight Review Division 18-04, Review Various Actions the Federal Bureau Investigation and Department Justice Advance the 2016
Election (June 2018, available https://www.justice.gov/file/1071991), 425. addition, the OIG concluded that given the absence exigent circumstances
and the frequency with which the use personal email occurred, Comey use personal
email account multiple occasions for unclassified FBI business [is] inconsistent with the DOJ
Policy Statement. Id. 426.
Under the law, [a]n officer employee executive agency may not create send record using non-official electronic messaging account unless such officer
employee- (1) copies official electronic messaging account the officer employee the
original creation transmission the record; (2) forwards complete copy the record official electronic messaging account the officer employee not later than days after
the original creation transmission the record. U.S.C. 2911. June 27, 2018, Plaintiffs contacted Defendant and asked for confirm that
the FBI had obtained possession all records potentially responsive Plaintiffs FOIA requests
that are located Comey personal email account.
Plaintiffs followed least two occasions. Because Plaintiffs had not
received response, July 25, 2018, Plaintiffs asked Defendant for its position this motion.
Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page response, Plaintiffs were informed that the FBI allegedly had sent Comey
letter requesting that preserve federal records responsive Plaintiffs request and that
return any agency records his possession not already returned the FBI.1
Plaintiffs have asked for copy the letter. Defendant refuses provide it.
Considering the troubling finding the OIG and because Plaintiffs not know
specifically what the FBI asked Comey and what, any, steps Comey taking ensure
preservation, Plaintiffs are concerned records responsive Plaintiffs FOIA requests will lost destroyed.
10.
Plaintiffs request nothing out the ordinary. least three other judges
this Court have granted such requests the last two years. See Preservation Order, Judicial
Watch, Inc. U.S. Department Homeland Security, Case No. 16-00967-RDM (D.D.C. Jan.
18, 2017); see also Minute Order, Judicial Watch, Inc. U.S. Department Justice, Case No.
17-cv-00029-EGS (D.D.C. Jan. 17, 2017); Memorandum Opinion and Order, Competitive
Enterprise Institute Office Science and Technology Policy, Case No. 14-00765-GK (D.D.C.
Dec. 12, 2016).
11. particular, Judge Moss ordered individuals including two former government
officials copy any emails from the relevant time period any private email accounts that
might contain responsive materials onto portable thumb drives, kept the individuals
personal possessions. Preservation Order, Judicial Watch, Inc. U.S. Department
Homeland Security, Case No. 16-00967-RDM (D.D.C. Jan. 18, 2017).
12.
Plaintiffs respectfully request expedited consideration this motion.
The FBI allegedly sent the letter July 26, 2018, the day which Plaintiffs anticipated
filing this motion.
Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page
13.
Defendant opposes this motion.
WHEREFORE, Plaintiffs respectfully request the Court order Defendant preserve all
records potentially responsive Plaintiffs FOIA requests located ex-Director Comey
personal email account.
Dated: July 27, 2018
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiffs
Case 1:18-cv-00967-CKK Document 14-1 Filed 07/27/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
and
THE DAILY CALLER NEWS FOUNDATION,
Plaintiffs,
U.S. DEPARTMENT JUSTICE,
Defendant.
Civil Action No. 18-00967 (CKK)
[Proposed] Order
Upon consideration Plaintiff Motion for Preservation Order and the entire record
herein, hereby ORDERED that:
Plaintiff Motion for Preservation Order GRANTED; and
Defendant shall preserve all records potentially responsive records Plaintiffs
FOIA requests located ex-Director Comey personal email account. ORDERED.
DATE:________________
_______________________________
The Hon. Colleen Kollar-Kotelly, U.S.D.J.